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Florida Trademark Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
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answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Would posting pictures of cars I worked on & detailed on my website/ads be considered trademark infringement?

Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.

James L. Arrasmith
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answered on Mar 11, 2024

In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:

1. No false association: Ensure that your use of the pictures does not falsely suggest that...
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Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

James L. Arrasmith
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answered on Mar 5, 2024

Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If my legal name is Billy, can I name my business Billy The Kid - Home Repair& Restoration?
James L. Arrasmith
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answered on Mar 2, 2024

Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
James L. Arrasmith
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is the term "Boss Babes" trademarked?

I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.

James L. Arrasmith
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answered on Jan 25, 2024

To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Is Mickey Mouse protected by copyright and trademark? How can it be protected by both types of intellectual property.
James L. Arrasmith
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answered on Jan 23, 2024

Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Why would my trademark attorney register my trademark under her name! I’m literally just finding out
James L. Arrasmith
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answered on Jan 15, 2024

Good morning!

Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:

- It may...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: Would Using the same color palette as waste management for branding of my dog poop removal business be illegal

The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation

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answered on Jan 5, 2024

Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.
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answered on Dec 27, 2023

When considering whether to submit a trademark application for your athleisure brand, it's important to carefully assess the existing trademark landscape. The presence of multiple applications for a similar or identical name can significantly impact your chances of successfully registering... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 28, 2023

The other attorney's answer to your question omits only one important point:

when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Florida on
Q: Hi, are the decorative patterns on the Pfaltzgraff Yorktowne dish wares trademarked or can I sell paint stencils of them
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answered on Nov 28, 2023

No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
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answered on Nov 18, 2023

Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More

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2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
Felicia Altman
Felicia Altman
answered on Nov 18, 2023

In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Can I make a reference in a new song, to the title of a song that has been trademarked?

I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More

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answered on Nov 17, 2023

In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is TNO the clothing brand still trademarked and if is who owns it

We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States

James L. Arrasmith
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answered on Nov 8, 2023

To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
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answered on Oct 23, 2023

If a trademark is deemed abandoned, it means the original owner is no longer using it in commerce and has no intent to resume its use. To take over an abandoned trademark, follow these steps:

1. First, conduct a comprehensive search to ensure the mark is genuinely abandoned and not in use...
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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Felicia Altman
Felicia Altman
answered on Oct 20, 2023

If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Evelyn Suero
Evelyn Suero
answered on Oct 20, 2023

A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted... View More

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